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Insurance Recovery
OVERVIEW

Directors and Officers Liability Sophisticated approach

Directors and officers of corporations are being sued for their managerial decisions and other wrongful acts with even more frequency. In addition, individualsoften assert claims against corporations alleging wrongful acts causing damages. For these reasons, insurance coverage for management liability is becoming one of the most vital insurance purchases for a business.

Barnes & Thornburg attorneys are at the forefront of directors and officers liability (D&O) coverage issues arising from alleged corporate mismanagement, securities-related claims, government investigations, False Claims Act allegations, business disputes, and other alleged corporate misconduct. We also represent privately held organizations in disputes with their carriers over the scope of entity coverage in D&O policies.

Our attorneys have a long history of helping clients secure millions in insurance coverage for defense costs and settlements in noteworthy litigation wins, successful arbitrations, and favorable mediation outcomes. We also work with insurance carriers to provide coverage for claims without filing for litigation or demanding mediation.

We assist businesses with avoiding coverage disputes altogether by providing strategic counseling in nearly all stages of policy procurement and the claim submission and adjustment process. We use our deep experience and understanding of the insurance industry and our clients’ businesses to assess risk, identify gaps in coverage, and recommend areas to request improvement that will maximize coverage. 

Our singular focus is to protect our clients’ interests and their bottom line. 

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EXPERIENCE

Insurance Coverage for Government Investigations

  • Our attorneys have been insurance coverage counsel to companies facing government investigations and regulatory examinations. This includes claims arising out of CFPB investigations, Civil Investigative Demands, Grand Jury subpoenas, SEC investigations and other agency enforcement actions.

Insurance Coverage for Securities Claims

  • Our attorneys have been insurance coverage counsel to both domestic and international publicly traded companies facing securities claims arising out of IPOs, class actions, derivative actions, undisclosed mergers, and financial disclosures. Our attorneys have helped secure coverage for multiple seven-figure settlement payments and defense costs in derivative actions for companies in the health care industry, hospitality industry, apparel industry, financial services space and tech companies. Our attorneys have also obtained substantial victories in both litigation and arbitration resulting in substantial payment of defense fees and costs arising from multiple class actions and derivative actions.

Insurance Coverage for Business Disputes

  • Our attorneys have been insurance coverage counsel to several clients facing both company and director and officer liability for an underlying business dispute. For example, our attorneys have secured coverage for actions against companies and individuals alleging negligent misrepresentation, unfair competition, breach of contract, and even fraud.

Insurance Coverage for Books and Records Requests, Subpoenas, and Crisis Events

  • Our attorneys have been insurance coverage counsel to companies in receipt of books and records requests, subpoenas, and other civil document and information requests that are often covered by D&O policies, thereby securing valuable policy benefits for expenses incurred in compliance that might otherwise be unrecoverable. B&T attorneys have also tendered crisis management claims under D&O polices and secured clients policy benefits in connection with the same.

Insurance Coverage for Qui Tam and False Claims Act Allegations

  • Our attorneys have been insurance coverage counsel to several clients facing claims arising under the False Claims Act and related qui tam actions. In one matter where the primary carrier refused to provide coverage, we secured a substantive win in Delaware state court that effectively defeated the carrier’s primary defenses to coverage.

Insurance Coverage for Putative Class Actions

  • Our attorneys have been insurance coverage counsel to several privately held organizations facing putative class action claims and litigation. B&T attorneys have helped multiple insureds persuade carriers to defend claims and indemnify settlements under entity coverage found in D&O policies.
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